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House Hansard - 79

44th Parl. 1st Sess.
June 1, 2022 02:00PM
Context: House Hansard - 79 - Jun/1/22
Mr. Gary Anandasangaree (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)
  • Jun/1/22 10:42:37 p.m.
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Madam Speaker, I am pleased to have this opportunity to speak about Canada's medical assistance in dying, including the role played by federal, provincial and territorial governments in the MAID regime. As members know, Parliament is responsible for enacting criminal law and the provinces and territories are responsible for its enforcement. The federal government has always recognized that MAID is a complex and deeply personal issue. Parliament has enacted a MAID regime that reflects Canada's evolving needs and supports autonomy and freedom of choice while also protecting those who may be vulnerable. This is why the MAID law includes stringent eligibility criteria and safeguards within the Criminal Code. For instance, a person may only receive MAID if their request was made voluntarily and without external pressure. Additionally, MAID providers must ensure that, one, the request for MAID was made in writing and was signed by an independent witness; two, that the person was informed that they may withdraw their request at any time; three, that a second independent physician or nurse practitioner provided a written opinion confirming that the person meets the eligibility criteria; four, that the person was given the opportunity to withdraw their request, and that if the request is not withdrawn, the person gives their express consent immediately before MAID is provided. The Criminal Code also contains additional safeguards for persons whose death is not reasonably foreseeable. For example, at least one physician or nurse practitioner assessing eligibility must have expertise in the condition causing the person's suffering. As well, there must be 90 days between the time the eligibility is assessed and the day MAID is provided, and the person must be informed of the means available to relieve their suffering, including counselling services, mental health and disability support services, community services and palliative care. As I mentioned, the provinces and territories are responsible for enforcing criminal law, including the MAID provisions. They are also responsible for the provision of health care and for the regulated medical professionals in their jurisdictions. The Criminal Code provides the needed safeguards to protect the vulnerable. However, it is up to the provinces and territories to investigate and enforce situations in which practitioners may not have followed the safeguards. Finally, the Criminal Code regulations for the monitoring of MAID are being updated to ensure that information is collected regarding race, indigenous identity and disability. Once available, this information will provide better insights into how certain groups may be impacted by our MAID regime, thus supporting the provinces and territories in the implementation of MAID and its enforcement.
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